Terms of Use

Mialisia, Corp.Terms of Use

Welcome to Mialisia, and thank you for visiting www.mialisia.com
website. This Agreement sets forth the legal terms and conditions of your use of the Mialisia
website.

Acceptance of Terms.

Mialisia, Corp. ("Mialisia" or "we", "us", "our") provides access to
the Mialisia website, located
at mialisia.com, (the "website")
subject
to your acceptance of this website User Agreement ("Agreement"). By using the www.mialisia.com website, you
agree
that you have read this agreement, understand it and agree to be bound by the terms of
this
Agreement. If you do not agree to be bound by the terms of this Agreement, you should
not
proceed with using the Mialisia website.

When using a particular feature of the website, you may also be subject to any
posted guidelines, rules, privacy
policies, or other contractual provision as noted. Mialisia may update this Agreement
from
time to time without
prior notice to you. We encourage you to review this Agreement periodically for any
updates or
changes.

Mialisia™ Artists are independent contractors and are not employees of
Mialisia™.

Eligibility.

You represent and warrant that you are at least 18 years old and are of sufficient
legal age to use the website
and to enter into the binding legal obligations you may incur as a result of use of the
website.
You agree to be
financially responsible for any liability you may incur as a result of using the
website.

Use of the Website.

You assume total responsibility and risk for your use of the site and the
internet. You understand that Mialisia
cannot and does not guarantee or warrant that files available for downloading from the
website
will be free of
infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer
programming
routines that are intended to intercept or expropriate any system, data or personal
information,
or to damage, detrimentally
interfere with any system. You are responsible for implementing sufficient firewalls,
virus
protections and
checkpoints to satisfy your particular requirements for accuracy of data input and
output, and
for maintaining a
means external to the website for the reconstruction of any lost data.

Online Conduct.

Artists and Customers agree that they are solely
responsible for the content or information they publish, post or display on the
website,
or transmit to other Artists and Customers. You agree to use the Service in a
manner
consistent with any and all applicable laws and regulations that you will not
post any
transmissions constituting or encouraging conduct that would constitute a
criminal
offense, give rise to civil liability, or otherwise violate any local, state,
national
or international law. You agree that you will not post on the
website, or transmit to other Artists and Customers or employees, any
defamatory,
inaccurate, abusive, obscene,
profane, offensive sexually oriented, threatening, harassing, racially
offensive, or
illegal material, comments,
suggestions, photos, or any material that infringes or violates another party's
rights
(including, but not limited
to, intellectual property rights, and rights of privacy and publicity). Please
notify us
of any material contained
on the website that you believe infringes these rules by sending an email to info@mialisia.com.

You will not engage in advertising to, or solicitation of,
other Artists or Customers to buy or
sell any products or services through the website. You will not transmit any
chain
letters, spam or junk email to
other Artists and Customers.

You will not harvest or collect personal information about
Artists or Customers whether or not for commercial purposes, without consent.
You will
not use any robot, spider, site search/retrieval application, or other manual or
automatic device or process to retrieve, index, "data mine", or in any way
reproduce or
circumvent the navigational structure or presentation of the website or its
contents.
You will not "frame" or "mirror" any part of the website, without our prior
written
authorization. You also shall not use metatags or code or other devices
containing any
reference to www.mialisia.com or
the website in order to direct any person to any other website for any purpose.
You will
not modify, adapt, sub-license, translate, sell, reverse engineer, decipher,
de-compile
or otherwise disassemble any portion of the website or any software used on or
for the
website or cause others to do so.

You will not post, distribute or reproduce in any way any
copyrighted material, trademarks, or other proprietary information without
obtaining the
prior consent of the owner of such proprietary rights.

We reserve the right to terminate or restrict your access
to the website if, in our opinion, your
use of the website may violate any laws, infringe upon another person's rights
or
violate the terms of this Agreement.

Links to Other Websites.

Mialisia expends great efforts to provide only high quality web resources that
are valuable and appropriate.
However, because Mialisia does not have control over the changing nature of content on
sites
that may be listed in its links, Mialisia lists third party sites for use at the
user's risk
and explicitly disclaims any
responsibility for the accuracy, content, or availability of information the resources
may
contain. Subsequently,
Mialisia does not warrant or guarantee that information from any listed site will not
contain
material that is
inaccurate, or which some individuals may deem inappropriate or objectionable.

Intellectual Property.

The contents of the website, such as text, graphics,
logos, audio clips, video, photographs,
software, and other information (the "Content") is the property of Mialisia,
and is protected by federal
and international copyright and trademark laws, or other proprietary rights.
These
rights are protected in all
forms, media and technologies existing now or hereinafter developed. You may
print and
download portions of
material from the different areas of the website solely for your personal
non-commercial
use or your non-
commercial use or as otherwise permitted in writing. No portion of the Content
may be
reprinted, republished,
modified, or distributed in any form without the express written permission of
South
Hill, unless otherwise noted.
Certain content may be licensed from third parties and all such third party
content and
all intellectual property
rights related to the content belong to the respective third parties. You may
not
remove, alter or modify any
copyright, trademark or other intellectual property or proprietary notice or
legend
contained on the website or
the Content. Any rights not expressly granted by this Agreement or any
applicable
end-user license agreements are reserved by Mialisia.

Mialisia, the logo, and all product and service names,
company names, and other logos, unless otherwise noted, are trademarks and/or
trade
dress of Mialisia, Corp. The use or misuse of any marks or any other materials
contained on the website, without the prior written permission of their owner,
is
expressly
prohibited. Nothing contained herein shall be construed as conferring by
implication,
estoppel or otherwise any
license or right under any patent or trademark of Mialisia or any third
party.

Any unauthorized use of any materials contained on this
website may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and
statutes.

Disclaimer of Warranty and Limitation of Liability.

The information, services, products, and materials
contained in this website are provided on an "as is" basis with no warranty. To
the
maximum extent permitted by applicable law, Mialisia disclaims all
representations and warranties, express or implied, with respect to such
information,
services, products, and
materials, including without limitation any implied warranties of
merchantability,
fitness for a particular
purpose and non-infringement. In addition, Mialisia does not warrant that the
information accessible via this
website is current, complete, or error-free. Some states/provinces do not allow
the
exclusion or limitation of
implied warranties so the above limitation may not apply to you.

Under no circumstances and in no event shall Mialisia be
liable to customer/Artist for any
amount in excess of the fees actually paid by customer/Artist directly to South
Hill for
products or services
provided hereunder.

Under no circumstances and under no legal theory, tort,
contract, or otherwise, shall Mialisia, its subsidiaries, associated entities,
officers, employees, agents, licensees or licensors, or its suppliers or
resellers (either jointly or separately) be liable to you or any other person,
including
without limitation, for
any indirect, special, incidental, exemplary, punitive, consequential damages or
other
loss of any character,
relating to the website, the community or content, this agreement or activities
relating
thereto even if South
Hill shall have been informed of the possibility of such damages. These
limitations
shall apply notwithstanding
any failure of essential purpose of any limited remedy. If any applicable
authority
holds any portion of this
section to be unenforceable, Mialisia's liability will be limited to the
fullest
possible extent permitted by
applicable law.

Account and Password.

You are solely responsible for all activities within your
account under your password and Mialisia identification number. Your password
should
be treated with care and should not be disclosed to anyone. You cannot use your
password
or anyone else's password for any unauthorized purpose. You indemnify Mialisia
and its
staff from all claims and liabilities made by a third party resulting from all
activities incurred within your account.

In consideration of your use of the website you agree to:
(i) provide true, accurate, and current and complete information about yourself
or your
organization as prompted by the website (the "registration information"); and
(ii)
maintain and update the Registration Information to keep it true, accurate,
current and
complete. If you provide any information that is untrue, inaccurate, not current
or
incomplete, or we have reasonable grounds to suspect that such information is
untrue,
inaccurate, not current or incomplete, we may suspend or terminate your account
and
decline to permit your continued use of the website and future access to the
website.

Indemnification.

You agree to indemnify, defend and hold Mialisia and its Artists,
subsidiaries, officers, directors,
employees and agents harmless from and against any and all claims, demands, actions,
costs,
liabilities, losses
and damages of any kind (including actual attorneys' fees) resulting from (i) your use,
misuse
or abuse of the
website, (ii) your use or purchase of services or goods provided through the website, or
(iii)
your breach of any
provision of this Agreement. You will cooperate as fully as reasonably required in South
Hill's
defense of any
claim. Mialisia reserves the right, at its own expense, to assume the exclusive
defense and
control of any
matter otherwise subject to indemnification by you and you shall not in any event settle
any
matter without the
written consent of Mialisia.

Confidentiality.

Artists, your user license includes a revocable right to access and use certain
trade secret, confidential, and
proprietary business information, which includes, without limitation, sales organization
information, i.e.,
information compiled by Mialisia that discloses or relates to all or part of the
Artist's
sales organization,
including, without limitation, Artist lists, and all Artist contact and business
performance
information. You
acknowledge that Mialisia is the exclusive owner of all such confidential information
and
agree to maintain all
confidential information in strictest confidence and to use it only as authorized by
Mialisia.
You agree not to
compile, organize, access, create lists of, or otherwise use confidential information
except as
authorized by
Mialisia under the Artist Policies and Procedures, as amended.

Linking and Framing Policy.

This website may contain links to other websites operated
by third parties. The linked sites are not under our control and we are not
responsible
for their content. Such links do not imply our endorsement or guarantee of the
products,
information, or recommendations provided by any third party site. The third
party site
may have a privacy policy different from ours and may provide less security than
this
website. We disclaim all liability with regard to your access to such linked
websites.
We provide links to other sites as a service to
users, and access to any other sites linked to this website is at your own
risk.

Unless you have a written agreement in effect with South
Hill that states otherwise, you may only provide a hyperlink to the website on
another
website only if the link is a text-only link clearly marked "South
Hill Designs" or "mialisia.com," and the link is directed to the URL http://mialisia.com and
not to
other pages within the website. In addition, the link, when activated by a user,
must
display the website full-screen and not within a "frame" on the linking website.
Further, the appearance, position and other aspects of the link must not be such
as to
damage or dilute the goodwill associated with the Mialisia name and
trademarks
or create the false appearance that Mialisia is associated with, approves of,
or is a
sponsor of, the linking website. Mialisia reserves the right to revoke its
consent to
any link at any time in its sole discretion.

Acceptable and Lawful Use of the website.

Any information provided to Mialisia in connection with
use of the website: (i) shall not be
false, inaccurate or misleading; (ii) shall not be obscene or indecent; (iii)
shall not
contain any viruses,
Trojan horses, worms, time bombs, or other computer programming routines that
are
intended to intercept or
expropriate any system, data or personal information, or to damage,
detrimentally
interfere with any system.; (iv)
shall not infringe on any third party's copyright, patent, trademark, trade
secret or
other proprietary rights or
rights of publicity or privacy; (v) shall not be defamatory, libelous,
unlawfully
threatening or harassing; and
(vi) shall not create liability for Mialisia or cause us to lose the services
of our
Internet service providers
or other suppliers.

You agree not to interfere or take action that results in
interference with or disruption of the
website or servers or networks connected to this website. You agree not to
attempt to
gain unauthorized access to
other computer systems or networks connected to this website.

Anti-Spam Policy.

Mialisia strictly prohibits the sending of unsolicited bulk email (spam). Spam
is defined for this purpose as
sending messages similar in content to any persons, entities, newsgroups, forums, email
lists,
or other groups or
lists unless prior consent has been obtained from the email recipient or unless there is
a
preexisting business or
personal relationship with the email recipient. Mialisia also prohibits using false
headers in
emails or
falsifying, forging or altering the origin of any email in connection with Mialisia,
and/or
its products and
services. Mialisia prohibits engaging in any of the foregoing activities by using the
service
of another
provider, remailer service, or otherwise. If you or anyone you know is "spammed" by
someone who
is selling or
describing Mialisia’s products, please contact us promptly so that we make take
appropriate
action.

Copyright Infringement.

In appropriate circumstances and in our sole discretion,
we may remove or disable access to
material on any of our websites or hosted on our systems that may be infringing
the
copyright of others.

Consistent with the Digital Millennium Copyright Act
("DMCA"), Mialisia will respond to a notice of alleged copyright infringement
regarding any information available on our Site or through our Service. Please
note that
this procedure is exclusively for notifying us that copyrighted material has
allegedly
been infringed and matters other than informing Mialisia that copyrighted
material may
have been infringed will not receive a response through this process.

Pursuant to the DMCA, your infringement notification must
include the following information:

An electronic or physical signature of the person authorized to act on
behalf of the
owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed
upon;

A description of where the material that you claim is infringing is located
on the
site, including a link or screenshot of the webpage containing the
infringing
material, if applicable;

Your address, telephone number and e-mail address;

A statement by you that you have a good-faith belief that the disputed use
is not
authorized by the copyright owner, its agent or the law;

A statement by you, made under penalty of perjury, that the above
information in
your notice is accurate and that you are the copyright owner or authorized
to act on
the copyright owner's behalf.

Governing Law, Jurisdiction and Venue.

This Agreement and access to the website shall be governed by and construed in
accordance with the law of the
state of Arizona, exclusive of its choice of law rules and matters affecting copyrights,
trademarks and patents
under U.S. federal law. You hereby irrevocably and unconditionally consent to submit to
the
exclusive
jurisdiction of the courts of the state of Arizona and of the United States of America
located
in Arizona for any
litigation arising out of or relating to use of the website or purchases of services
made
through the website (and
agree not to commence any litigation relating thereto except in such courts). You hereby
irrevocably and
unconditionally waive any objection to the laying of venue of any such litigation in the
courts
of the state of
Arizona and agree not to plead or claim in any court in the state of Arizona that such
litigation brought therein
has been brought in an inconvenient forum.

Waiver.

No delay or omission by either party hereto to exercise any right or power
occurring upon any noncompliance or
default by the other party with respect to any of the terms of this Agreement shall
impair any
such right or power
or be construed to be a waiver thereof. The terms and conditions of this Agreement may
be waived
or amended only in writing and only by the party that is entitled to the benefits of the
term(s)
or condition(s) being waived or
amended. Unless stated otherwise, all remedies provided for in this Agreement shall be
cumulative and in addition
to and not in lieu of any other remedies available to either party at law, in equity, or
otherwise.

Severability.

In the event that one or more portions of this Agreement shall, for any reason, be
held to be invalid, illegal or
unenforceable in any respect, such validity, illegality or unenforceability shall not
affect any
other provision
contained in this Agreement.

Headings.

The headings used throughout this Agreement are solely for the convenience of
reference and are not to be used as an aid in the interpretation of this Agreement.

Purchases Made from a Mialisia Artist

Your Artist will provide you with a copy of your order, which you should retain
for your personal records.

Warranty, Exchanges and Refunds – Notwithstanding the
statutory 3 day right of cancellation, South
Hill Designs offers an extended exchange/return period for customer
satisfaction:

Within 30 Days:
If you return an unworn item within 30 days of shipment, we will refund you
the
original price paid plus associated tax. Shipping fees will not be refunded.
We do
not accept returns for items that have been worn. Items not in their
original
packaging are subject to a 15% restocking fee.

Within 120 days
Items that are damaged due to a manufacturing defect will be replaced at the
company’s expense.

Over 120 days
If an item is damaged after 120 days, please contact our Returns department
for
further instruction on how to have the items replaced.

Items that are damaged during transit, break prior to
wearing, have a manufacturing defect or are missing from shipment should be
reported
within 14 days of receipt.

Shipping and Delivery.

Product is usually shipped to deliver within 3-5 business days from the
date the order is received at the South
Hill Designs Home Office. Mialisia shall not be responsible for any
delay in
shipment that is caused in
whole or in part by circumstances beyond Mialisia control.

Assignment.

You may not assign your rights or delegate your responsibilities hereunder
without the express written permission
of Mialisia, except pursuant to the sale of your business, or all or
substantially all
of its assets. Mialisia
may, at any time, assign its rights or delegate its obligations hereunder
without notice
to you.

Third Party Beneficiary Rights.

No person not a party to this Agreement is intended to be a beneficiary of
this Agreement, and no person not a
party to this Agreement shall have any right to enforce any term of this
Agreement.

Changes To These Terms of Use.

We reserve the right, in our sole discretion, to change these Terms at any
time. Updated versions of the Terms
will be posted here on our website and are effective immediately. The date of
the newest
version is posted below.
Please check back frequently, especially before you use our website, to see if
these
Terms have changed. Continued use of the website after any changes to the Terms
constitutes your consent to such changes.

Contact Us.

If you have any concerns about the website or these Terms of Use, please
send an e-mail to info@SouthHillDesign.com, or call 480-658-0760. We will make
every
reasonable effort to address your concerns and remedy any problems you bring to
our
attention.